Abstract:

The paper deals with the evolution of regulations of international conventions governing transport by rail (CIM Convention), by road (CMR Convention) and by air (Montreal Convention) regarding the issue of transport documentation. The author points out that the regulations concerning the consignment note, as a main document involved in the transportation process, have undergone significant changes over time. However, some of the regulations are better adapted to current socio-economic conditions than the others. The author states that from the perspective of the instructional and informative function of the consignment note the best solution is provided for in the Montreal Convention. From the evidentiary perspective, all of the conventions set forth a similar rule, according to which the consignment note is currently only a proof of contract. Nowadays this is the only rational solution, which deserves credit. From the perspective of the form of the consignment note the best regulations are included in the additional protocol to the CMR Convention. The legitimising function of the consignment note, connected with the right of disposal, is also regulated in a similar way in all of the acts, but in this case the regulations in force raise some doubts. Due to the technical and technological progress the legitimising function is not as important as it used to be and currently it is mainly a reminiscence of the past legal concepts.